My wife and I have legal separation papers. She left to live elsewhere approximately 2 months ago. She came to visit last night and now refuses to leave. What are my options?

The separation paperwork states that we
are not to reside in the same dwelling.
And she has moved, wasn’t happy there
and then said she was coming to visit
the family for an hour but has now
refused to leave.

Asked on September 22, 2016 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Texas does not have 'legal separations.'  In Texas, you are either married or you are not.  If you have agreements, you should file for divorce and move for enforcement of those agreements and request the court to grant you relief consistent with those agreements. If the court grants you this relief, they will reduce those agreements to an order.  Once you have an order in hand, you can have her legally excluded from using your property (or property that you both agreed you could use).  Until there is an order in place, either party has the right to use any community property or access any community property.


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